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  5. 45 N.Y.2d 729 (1978)
 

MATTER OF McFERRAN v. BD. OF EDUC., ENLARGED CITY SCH. DIST. OF TROY

45 N.Y.2d 729 (1978)

In the Matter of Albert E. McFerran, Jr., Appellant, v. Board of Education, Enlarged City School District of Troy, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 11, 1978.

Attorney(s) appearing for the Case

Albert E. McFerran, Jr., appellant pro se.

George S. Lettko for Board of Education, respondent.

Kenneth Pawson and Robert D. Stone for Commissioner of Education, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Having instituted an action in Federal court based on a distinct Federal cause of action, it was necessary for that court to determine the validity of the agreement which petitioner now attacks in this subsequent proceeding. That prior action fully embraced those claims which petitioner now seeks to litigate in the courts of this State...

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